Schillo et al. v. Lampert

DA 09-0232 ·Direct Appeal ·Civil ·Closed
Docket DA 09-0232
Type Direct Appeal — Easement
Classification Civil
Outcome Affirmed
Lower court case DV 04-100
Lower court judge Hon. Ray J. Dayton

Key dates

Closed Dec 28, 2009
Classified Nov 19, 2009
Appeal filed Apr 23, 2009
Record filed May 18, 2009
Briefing ended Oct 14, 2009
Opinion issued Dec 8, 2009
Briefing started May 18, 2009
Sent to the court Oct 16, 2009
Submitted for decision Oct 16, 2009
Appellant Reply Brief Filed Oct 14, 2009
Appellant Opening Brief Filed Jun 30, 2009
Appellee Response Brief Filed Aug 31, 2009

Calculated

from the docket dates
Appeal filed to briefing start 25
Briefing days 148
Briefing start to opening brief filed 42
Classified to Opinion 19
Close of briefing to sent to court 2
Filing date to Opinion 229
Filing date to closed 249
Opening to response 62
Opinion to closed 20
Response to reply 43
Sent to court to classified 34
Submitted for decision to Opinion 53

Tags

Affirmed Closed Five Justice Panel Non-cite opinion Subject to Mediation

Parties

Appellee
Bernie Schillo
Represented by Darrel L. Moss
Appellant
Hans Lampert
Represented by Timothy M. Dick
Appellant
Inge Lampert
Represented by Timothy M. Dick
Appellee
James Lee Davis
Represented by Darrel L. Moss
Appellee
Thomas Beck
Represented by Darrel L. Moss

Opinion

Schillo et al. v. Lampert, 2009 MT 421N

Affirmed on December 8, 2009, in a 5 to 0 non-cite opinion.

Events

most recent first
Other - Letter to Appellant's counsel re: oversized exhibits to be transmitted Jan 15, 2010 1:59 PM Other
Record - DC Record Returned to District Court Jan 4, 2010 11:30 AM Record
Event - Case Closed Dec 28, 2009 4:38 PM Closing Notice
Notice - Outgoing - Remittitur Issued Dec 28, 2009 4:35 PM Closing Notice
Opinion - Noncite/Memorandum; McGrath, affirmed Dec 8, 2009 4:27 PM Opinion
Order - Classified - Five Justice Panel Nov 19, 2009 2:01 PM Classifying Notice
Event - Case Sent to Court Oct 16, 2009 10:22 AM Classifying Notice
Brief - Appellant Reply Oct 14, 2009 10:03 AM Appellant Reply Brief
Order - Grant - Extension of Time until Oct. 14, 2009, to file Appellant's Reply brief Sep 16, 2009 10:31 AM Order - Extension
Motion - Unopposed - Extension of Time - Brief (Appellant's Reply) sent to Court Sep 15, 2009 11:31 AM Motion
Notice - Outgoing - Notice of Deficient Pleading (Extension of time) Sep 11, 2009 12:10 PM Notice - Outgoing
Brief - Appellee Aug 31, 2009 3:24 PM Appellee Response Brief
Order - Grant - Extension of Time until August 31, 2009, to file response brief Aug 10, 2009 9:19 AM Order - Extension
Event - Sent to Court- motion for extension. objection Aug 7, 2009 10:58 AM Event
Objection to Motion for Extension of time to File Response Brief Aug 7, 2009 10:58 AM Objection
Notice - Outgoing - Notice of Deficient Pleading (no copies of proposed Order or envelopes) Jul 31, 2009 11:39 AM Notice - Outgoing
Motion - Opposed - Extension of Time - Brief (Appellee) held for response. (fax 7/30/09, hard copy received 8/4/09) Jul 30, 2009 2:15 PM Motion
Order - Denying Appellee's Motion to Dismiss Jul 22, 2009 3:01 PM Order - Other
Event - Sent to Court-Pleading; motion to dismiss. copies to court Jul 10, 2009 1:30 PM Event
Event - Sent to Court-Pleading Jul 8, 2009 3:59 PM Event
Reply Brief to Motion to Dismiss Jul 8, 2009 3:57 PM Other
Motion - Opposed - Dismiss - Appellee's. holding for objection Jul 6, 2009 4:16 PM Motion
Mediation - Mediator's Report - Case Not Settled Jul 2, 2009 9:49 AM Mediation
Brief - Appellant Jun 30, 2009 1:18 PM Appellant Opening Brief
Notice - Outgoing - Postage Reimbursement Due Jun 23, 2009 10:29 AM Notice - Outgoing
Order - Deficiencies-Brief - appellant's brief returned to comply with Rule 12(1)(h) - judgment/order; Rule 12(1)(f) - summary Jun 19, 2009 9:21 AM Order - Deficiency
Notice - Incoming - Amended Notice of Appeal Filed - not subject to Rule 54(b) May 27, 2009 1:34 PM Notice - Incoming
Notice - Outgoing - Transcripts Filed May 21, 2009 11:22 AM Notice - Outgoing
Mediation - Order Appointing Mediator (Robert Carlson) May 20, 2009 3:57 PM Mediation
Transcript Filed (2 vol. original trans. with DVDs) May 19, 2009 11:06 AM Transcript
Notice - Outgoing - District Court Record Filed May 18, 2009 4:07 PM Record
Record - DC Record/Exhibits Filed (1 folder; 2 binders and 1 env. of exhibits, plus 24 posterboard exhibits [some oversized] May 18, 2009 3:26 PM Record
Notice - Outgoing - Notice Requiring Filing of Amended Notice of Appeal May 18, 2009 11:01 AM Notice - Outgoing
Selection of electronic notification - Krueger (Clerk of Court) May 8, 2009 3:00 PM Other
Notice - Outgoing - Appeal Notice Apr 29, 2009 12:45 PM Notice - Outgoing
Notice - Outgoing - Appearance Fee Paid Apr 29, 2009 12:44 PM Notice - Outgoing
Mediation - Case Subject to Mediation Apr 23, 2009 12:44 PM Mediation
Fees - Appearance Fee Received Apr 23, 2009 12:43 PM Fees
Notice - Incoming - Notice of Appeal Filed Apr 23, 2009 12:42 PM Notice - Incoming